High Court Patna High Court - Orders

Onkar Prasad Singh vs The State Of Bihar on 4 March, 2011

Patna High Court – Orders
Onkar Prasad Singh vs The State Of Bihar on 4 March, 2011
               IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Cr.Misc. No.35164 of 2010
                             ONKAR PRASAD SINGH
                                        Versus
                              THE STATE OF BIHAR
                                      -----------

7 4.3.2011 Heard learned counsel for the parties.

Petitioner is alleged for receiving Rs.

2,45,000/- to get transferred a piece of land of

accused no.4 through sale deed for consideration

money of Rs. 3,00,000/-, much stress is given on

averment made in paragraph-12 that all the

accused persons were approached by complainant,

date of earlier agreement was going to expire,

such threatening was given to complainant by

accused nos.4 and 5 then a fresh agreement

(Annexure/2) was executed in favour of

complainant’s wife by accused no.4. Accused no.5

was a witness to that agreement. Submission is

that this much was a fresh agreement cannot be

taken that money received by this petitioner was

given to accused no.4, is not acceptable. This

agreement goes to show shifting of liability of

this petitioner upon accused no.4, the real

owner of the land. Submission at complainant’s

hand is about several talks on the point of

execution of sale deed, returning of part of

money and signature of accused no.4 on Annexure-
2

2 forged is no where mentioned in complaint

petition or statement on S.A. in course of

inquiry.

Thus, having regard to the facts and

circumstances of the case, in the event of

arrest or surrender within one month from the

date of communication of this order, the above

named petitioner shall be released on bail on

furnishing bail bond of Rs. 10,000/-(ten

thousand) with two sureties of the like amount

each to the satisfaction of Chief Judicial

Magistrate, Patna in Complaint Case No. 44© of

2009, subject to the condition as laid down

under section 438(2) Cr.P.C.

AI                                                ( Mandhata Singh, J.)